Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-06-08
COMPUTATION TICKETS.
Gov. Stanford Replies Concerning the
Oakland Communication Ticket Order.
The San Francisco Bulletin of the 9th
publishes the following letters. which are

self-explanatory;
SAN FRANCISCO, June ., 1887.
To The Board Of RdiiTodd Commissioners of the
State Of Cdiil07nid-G ESTLENEN am in receipt
of your communication Of this date covering
paper of which the following is a copy
Having examined and considered the COM
munication OF w. II. Robinson, of Alameda,
complaining OF the recent order OF the South
ern Pacific Company and South Pacific Coast
Railroad Company, which was put in force on
the LIST day of March last past allowing only one
round trip per day on Communication tickets be-
tween san Francisco and asland Alameda
and Berkeley, and cancelling all back dates I'M
used, whereas it has been the custom of the
railroads 10 allow the full number OF trips
called Tor on said tickets at the pleasure of the
holders for years past; and that us the Courts
hold taat the actual usage and custom between
the carriers and passengers make the law, we
hold that the recent order of the Southern Pa
ciic Company aud the South Pacific Coast Rail
road Company limiting 20 one trip per day on
their communication tickets between the points
above named, is a violation of Article XII, Sec
ton 20. OF the Constitution of the State of Cali
fornia. 1879, and should be resciLded This oY-
der takes effect June g. 1887"
am advised that no such order as the one re-
ierred TO in your paper was ever made or put III
force by the southern Pacific Company.
When the Central Pacific Railroad Company
came into possession of the Oakland Ferry and
local lines, the rate of charge for the transport
alton OF passengers was twenty-five cents for q
single trip. The distance covered by the tickets
issued averaged about ten miles, thus making
the rate % cents per mile.
The Central Pacific Railroad Company reduced
the single-trip rate to Is cents and the round
trip rate TO p cents, and these rates nave ever
since been maintained l am advised that up to
September, 1881, we sold com mutation tickets to
any person desiring the same for 49, each ticket
giving the purchaser the right, if he saw proper
TO make one round trip daily during the month
for which the ticket was sold. This was not
done in the face of competition but in its alb
sence. In doing this we had two-fold object :
vol aud Inv In
ceipts OF the company and second. TO offer ia
clhtles for communication between the growing
city of Oakland and the city of San Francisco
In September, 1881, we ceased to sell such
tickets and began the selling of tickets at the
rate of s. per month, which gave the purchaser
the right, If he saw proper, to make thirty round
trips during the month for which the ticket was
sold. Shortly after issuing these tickets it was
found that the holders of many of them were
using them, not only for themselves. but, in vio-
lation OF their contracts, were permitting othe S
TO use them. 1t was impossible for the company
to detect in every case the fraudulent use of
such tickets. The abuse became so great that
on the first day of March, 1887, we ceased issu-
ing any such tickets. Since the list of March
We have Issued to any person o desiTinga ticket
good for the person TO whom issued for one
round trip daily during the month for which
the ticket was Issued In other words, we made
Il special contract with any person who desired
TO make the same, by which we agreed to give
him the right 10 make one round trip daily, if
he chose TO do so, for S. per month. The estab
iished Fate is s. so. Any one who thinks it to
his advantage to commute this established rate
to 50 for the right to make one round trip daily
has the privilege and opportunity to do so.
Since the Central Pacific Railroad COMPANY
reduced the established rate from . cents a
trip to 10 cents, and fixed the round-trip rates
at , cents. there has been no change whatever
in the established rates.
There are about four thousand of these tick
cts out they constitute special contracts be-
tween the company of which / am President
and the holders of the tickets. We cannot be
relieved from the obligation of these contracts
by an order made from your Board or any State
authority. for the reason that the Federal Con-
stltution itself prohibits the State from in any
manner 1mpairing the obligation of contracts. If
we were tomorrow morning to refuse TO honor
these tickets. ! am advised that the holders
thereof would each have a cause of action
against us. Beside. if it Were legal for the com
pany to do so, it would be serious breach of
faith upon Its part, and an act which would
bring injury, not only to individuals but to the
whole city of Oakland in the prosperity of
which this company is deeply interested.
The Constitution of the State of California ex-
commute the rates established By lac. Ii author
ICES such companies to issue excursion and
Communication tickets at spscidt rates.
webster dehnes Communication to be 1.-THE pur-
chase OF right to go upon n certain route dur
ing a specified time for a less amount than
would be paid in the aggregate for separate
trips" The word "commute" he defines as
follows To pay less for i'll the gross than
would be paid for separate trips used in refer
ence TO the privilege of travelling upon n certain
route for specified time, as to commute the
passage for year"
Under the Constitution we clearly have the
right to issue communication and excursion
tickets at special rates. In common with all
other railroad companies, acting under similar
laws we have exercised that right, changing
the Communication or excursion rates from time
70 time, as the eXigencies of the business or the
interest of the companies might demand 1t
has never been considered that because we
m lna rot
given time, we were bound to make the same
eommut ton for all time to come. Indeed the
Constitution itself provides for special rates as
contra-distinguished from rates established
and this necessarily involves the making of a
special agreement for such rates
The southern Pacific Company not having
MADE the order referred to, it follows that it
could NOT rescind. Very respectfully
IFrANI, STASvppu